9000. (a) Except as expressly authorized in this article, no person
shall use a trap to take any finfish, mollusk, or crustacean in the
waters of this state for commercial purposes.
(b) Traps may be used to take finfish in ocean waters only as
authorized by this article.
(c) Freshwater baitfish traps that are used as provided in Section
8463 are not subject to this article.
9000.5. For the purposes of this article, the following terms have
the following meanings:
(a) "Bucket trap" means a plastic bucket of five gallons or less
in capacity.
(b) "Deeper nearshore species" means those finfish identified as
deeper nearshore species in regulations adopted by the commission
pursuant to Section 8587.1.
(c) "General trap permit" means a valid permit to take fish for
commercial purposes issued pursuant to Section 9001 that has not been
suspended or revoked.
(d) "Korean trap" means a molded plastic cylinder that does not
exceed 6 inches in diameter and does not exceed 24 inches in length.
(e) "Nearshore species" means those finfish identified as such in
regulations adopted by the commission pursuant to Section 8587.1.
(f) "Popup" means a mechanism capable of releasing a submerged
buoy at a predetermined time.
9001. (a) Finfish, mollusks, or crustaceans shall not be taken by a
person with traps for commercial purposes in ocean waters except
under a valid general trap permit issued to that person that has not
been suspended or revoked.
(b) Any person who operates or assists in operating any trap to
take finfish, mollusks, or crustaceans, other than lobster or
Dungeness crabs, as defined in Section 8275, or who possesses or
transports finfish, mollusks, or crustaceans on any boat, barge, or
vessel when any trap is aboard, shall have a general trap permit
issued to that person that has not been revoked or suspended while
engaged in the activity.
(c) The fee for the general trap permit shall be thirty-five
dollars ($35).
(d) This section does not apply to the taking of lobster under
Section 9010 or to the taking of Dungeness crab under Section 9011.
9001.6. Hagfish may be taken under a general trap permit, if all of
the following criteria are met:
(a) Korean traps and bucket traps may be used to take only hagfish
under this article.
(b) No more than a total of 500 Korean traps or a total of 200
bucket traps may be possessed aboard a vessel or in the water or
combination thereof.
(c) No permittee may possess both Korean traps or bucket traps and
other types of traps aboard a vessel at the same time. When Korean
traps or bucket traps are being used or possessed aboard a vessel, no
species of finfish other than hagfish shall be taken, possessed
aboard, or sold for commercial purposes.
(d) Popups shall not be used on buoy lines attached to Korean
traps or bucket traps, and shall not be possessed by a commercial
fisherman aboard a vessel when taking hagfish.
9001.7. Finfish, other than sablefish and hagfish, may be taken
under a general trap permit if all of the following criteria are also
met:
(a) Every person aboard the vessel possesses a valid general trap
permit that has not been suspended or revoked.
(b) If nearshore species are present, at least one person aboard
the vessel possesses a valid nearshore fishery permit and a nearshore
fishery trap endorsement that has not been suspended or revoked.
(c) If deeper nearshore species are present, at least one person
aboard the vessel possesses a valid deeper nearshore species fishery
permit that has not been suspended or revoked.
(d) During the period from one hour after sunset to one hour
before sunrise, finfish traps that are left in the water shall be
unbaited with the door secured open. If, for reasons beyond the
control of the permittee, all trap doors cannot be secured open prior
to one hour after sunset, the permittee shall immediately notify the
department.
(e) Popups shall not be used on buoy lines attached to finfish
traps, and shall not be possessed aboard a vessel when taking finfish
under a general trap permit.
(f) Trap destruction devices used on finfish traps shall conform
to the current regulatory requirements for those devices pursuant to
Section 9003 and as adopted by the commission.
(g) No finfish traps shall be set within 750 feet of any pier,
breakwall, or jetty in District 6, 7, 17, 18, 19, 19A, 19B, 20, 20A,
20B, or 21.
(h) No more than 50 finfish traps may be used in state waters
along the mainland shore.
(i) The mesh of any finfish trap used pursuant to this section
shall measure not less than two inches by two inches.
(j) The following fish shall not be used as bait in finfish traps:
(1) Lobster.
(2) Crabs of the genus cancer, except rock crab, yellow crab, and
red crab, as identified in Section 8282, which may be used as bait
under the authority of a rock crab trap permit issued pursuant to
Section 8282.
(3) Any other finfish or invertebrate to which a minimum size
limit applies that is used or possessed in a condition so that its
size can not be determined.
(k) Lobster may be possessed aboard or landed from any vessel on
which finfish are also present, if every person aboard the vessel has
a valid lobster permit that has not been suspended or revoked and
complies with Article 5 of Chapter 2 of the Fish and Game Code, this
article, and the regulations adopted pursuant thereto.
9001.8. Sablefish may be taken under a general trap permit in ocean
waters between a line extending due west true from Point Arguello in
Santa Barbara County and the United States-Mexico international
boundary line, if all of the following criteria are also met:
(a) The trap shall be six feet or less in its greatest dimension.
(b) The mesh of any trap used for sablefish pursuant to this
section shall measure not less than two inches by two inches.
(c) The traps may be used only in waters 200 fathoms or deeper.
(d) No permittee may possess aboard a vessel at the same time,
sablefish traps and any other commercial fishing gear, except that
spot prawn traps may be possessed during spot prawn trap open fishing
periods as established by the commission and if the permittee has a
valid spot prawn trap vessel permit that has not been suspended or
revoked.
9002. (a) Except as provided in subdivisions (b), (c), and (d), it
is unlawful to willfully or recklessly disturb, move, or damage any
trap that belongs to another person and that is marked with a buoy
identification number pursuant to Section 9006.
(b) A person, who has been issued a general trap permit under
Section 9001 and has it in his or her possession, may pull or raise a
trap marked with a buoy, if the buoy is marked with a buoy
identification number pursuant to subdivision (b) of Section 9006. A
person pulling or raising a trap marked with a buoy identification
number, other than his or her own buoy identification number, shall
have written permission in his or her possession from the other
person who holds the buoy identification number that is marked on the
buoy.
(c) Subdivision (a) does not apply to employees of the department
while engaged in the performance of official duties.
(d) (1) Subdivision (a) does not apply to publicly employed safety
personnel, including, but not limited to, lifeguards, marine safety
officers, harbor patrol officers, and peace officers, who, while
engaged in the performance of their official duties, may remove a
trap, buoy, or line located in or near breaking surf or adjacent to a
public beach if they believe that the trap poses a public safety
hazard. If any of those persons remove a trap, a buoy, or a trap or
buoy line, any captured marine life shall be immediately returned to
the ocean.
(2) Any person described in this subdivision who removes a trap
and any attachments thereto identified by a buoy identification
number shall make an attempt to contact the person whose permit or
license number is marked on the buoy by personal contact, by
telephone, by recorded message left on a telephone answering machine,
by regular United States Postal Service, or by other means, advising
where the property is located. Those persons shall have no
responsibility to secure the trap or attachments against loss or
damage.
(3) Employees of the department may disclose the name, address,
and buoy identification numbers of currently permitted or licensed
persons to representatives of public safety agencies described in
this subdivision to assist in the return of traps and attachments to
their proper owners or operators.
(4) If the person whose permit or license number is marked on the
buoy has been notified pursuant to this subdivision but has not
retrieved the trap within seven days of notification, or if that
person cannot be identified within seven days after the trap has been
removed, the trap may be discarded.
(5) This subdivision does not create any duty on any state or
local agency to remove or move a trap, line, or buoy that may
endanger the public safety and does not create any liability pursuant
to Part 2 (commencing with Section 814) of Division 3.6 of Title 1
of the Government Code.
9003. Every trap shall have at least one destruction device which
meets specifications approved by the department. In order to minimize
the adverse effects on living marine resources, the specifications
for destruction devices shall provide for a device that destructs
rapidly enough to facilitate escape of a substantial proportion of
all species confined in the trap from any trap that cannot be raised.
9004. Every trap shall be raised, cleaned, serviced, and emptied at
intervals, not to exceed 96 hours, weather conditions at sea
permitting, and no trap shall be abandoned in the waters of this
state.
9005. Every trap or string of traps, shall be marked with a buoy.
9006. Every trap used to take finfish or crustaceans shall be
marked with a buoy. Each buoy shall be marked to identify the
operator as follows:
(a) For a trap used to take lobster the commercial fishing license
identification number followed by the letter "P."
(b) For a trap used to take Dungeness crab or hagfish, the
commercial fishing license identification number only.
(c) For a trap used to take finfish other than sablefish or
hagfish, the commercial fishing license identification number
followed by the letter "Z."
(d) For a trap used to take sablefish, the commercial fishing
license identification number followed by the letter "B."
9007. Any trap used without a buoy, or with a buoy which is not
marked pursuant to Section 9006, is a public nuisance and shall be
removed from the waters of this state by any person authorized to
enforce this code.
9008. Any trap used in violation of this code, or any regulations
adopted pursuant thereto, is a public nuisance and, except as
provided in Section 9007, shall be seized pursuant to Article 3
(commencing with Section 8630) of Chapter 3.
9010. (a) Subject to Article 5 (commencing with Section 8250) of
Chapter 2, spiny lobster may be taken with lobster traps under a
lobster permit issued pursuant to Section 8254.
(b) Notwithstanding Sections 8660 and 8665, lobster traps may be
used in any area of the state not otherwise closed to the taking of
lobsters up to, but not closer than, 75 feet of any private pier,
wharf, jetty, breakwater, or dock.
(c) A wire lobster trap shall be built of rectangular wire mesh
with inside mesh measurement not less than 1 1/2 inches by 3 1/2
inches, the 3 1/2-inch measurement to be parallel to the floor of the
trap. A wire lobster trap shall be fitted with at least one rigid
rectangular escape gap with an inside vertical measurement not less
than 2 3/8 inches at all points and an inside horizontal measurement
of not less than 11 1/2 inches at all points. The horizontal sides of
the escape gap shall be located parallel to, and the escape gap
within 2 3/8 inches of the floor on any outside wall of, the rearmost
chamber of the lobster trap and shall be clearly accessible to the
lobsters.
(d) Notwithstanding subdivision (c), wire may be used to hold the
escape gap in place that reduces the inside vertical or horizontal
measurement of the escape gap specified in subdivision (c), but only
if all of the following requirements are met:
(1) The overall diameter of the wire, including any coating on the
wire, shall measure less than 0.176 inches in diameter (the diameter
of 7 SWG gauge wire using the Standard Wire Gauge (SWG) standard of
measurement).
(2) A maximum of one wire wrap shall be located on each vertical
side of the escape gap.
(3) A maximum of two wire wraps shall be located on the bottom
horizontal side of the escape gap.
(4) Wire shall not be used on the top horizontal side of the
escape gap.
(5) Each wire shall be tightly wrapped against the inside surface
of the escape gap and shall not pass over the inside surface more
than once. As used in this paragraph, "tightly wrapped" means no
space exists at any point between the wire and the inside surface of
the escape gap.
(e) A lobster trap constructed of lath or other material shall
have an opening to allow a means of escape along the full length of
one side of the rearmost chamber. The escape opening shall be of a
spacing of not less than 2 3/8 inches, and the spacing shall be
located parallel to, and within 2 3/8 inches of, the floor of the
lobster trap.
9011. (a) (1) Subject to Article 6 (commencing with Section 8275)
of Chapter 2, Dungeness crab, as defined in Section 8275, may be
taken with Dungeness crab traps.
(2) A Dungeness crab trap may have any number of openings of any
size. However, every Dungeness crab trap shall have at least two
rigid circular openings of not less than 4 1/4 inches, inside
diameter, on the top or side of the trap. If both of the openings are
located on the side of the trap, at least one of the openings shall
be located so that at least one-half of the opening is in the upper
half of the trap.
(3) Subject to Article 6 (commencing with Section 8275) of Chapter
2, rock crab may be taken incidentally with a Dungeness crab trap
used pursuant to this subdivision to take Dungeness crab, provided
that the incidental taking occurs only during the season when it is
lawful to take both species. A rock crab, taken incidentally with a
Dungeness crab trap, that does not comply with Article 6 (commencing
with Section 8275) of Chapter 2, shall be immediately returned to the
waters from which it was taken.
(b) (1) Subject to Article 6 (commencing with Section 8275) of
Chapter 2, rock crab, as defined in Section 8275, may be taken with
rock crab traps.
(2) A rock crab trap may have any number of openings of any size.
However, a rock crab trap constructed of wire mesh with an inside
mesh measurement of not less than 1 7/8 inches by 3 7/8 inches, with
the 3 7/8 inch measurement parallel to the floor, shall have at least
one rigid circular opening of not less than 3 1/4 inches, inside
diameter, located on any outside wall of the rearmost chamber of the
crab trap and shall be located so that at least one-half of the
opening is in the upper half of the trap. Rock crab traps constructed
of other material shall have at least two rigid circular openings of
not less than 3 1/4 inches, inside diameter, on the top or side of
the rearmost chamber of the trap. If both of the openings are located
on the side of the trap, at least one of the openings shall be
located so that at least one-half of the opening is in the upper half
of the trap. No rigid circular opening, as required, shall extend
more than 1/2 inch beyond the plane of the wall side or top of the
trap in which it is located, and it shall be clearly accessible to
any crab which may be in the trap.
(3) Subject to Article 6 (commencing with Section 8275) of Chapter
2, Dungeness crab may be taken incidentally with a rock crab trap
used pursuant to this subdivision to take rock crab, provided that
the incidental taking occurs only during the season when it is lawful
to take both species. A Dungeness crab, taken incidentally with a
rock crab trap, that does not comply with Article 6 (commencing with
Section 8275) of Chapter 2, shall be immediately returned to the
waters from which it was taken.
(4) A person shall not possess any lobster aboard a vessel while
the vessel is being used pursuant to this subdivision to take rock
crab.
(c) On or before January 1, 2013, the department shall report to
the appropriate policy and fiscal committees of the Legislature the
impacts, if any, of the changes made to this section by Chapter 478
of the Statutes of 2009. The report shall include information about
citations issued pursuant to this section relating to both rock crab
and Dungeness crab for the years 2010 to 2012, inclusive.
9012. (a) No vessel may be used to take and land crab for both
commercial and sport purposes in the same day.
(b) In Districts 6, 7, 8, and 9, no trap shall be used to take
Dungeness crab if that trap is attached to another trap or other
traps by a common line.
9015. (a) Subject to Article 18 (commencing with Section 8590) of
Chapter 2, prawns or shrimp, as defined in Section 8590, may be taken
with prawn traps or shrimp traps under a general trap permit issued
pursuant to Section 9001.
(b) A prawn trap or a shrimp trap shall be six feet or less in its
greatest dimension. Every opening from the exterior to the interior
of a prawn trap or a shrimp trap shall be five inches or less in any
dimension.
9020. (a) Subject to Section 8400, California killifish (Fundulus
parvipinnis), mudsuckers (Gillichthys mirabilis), yellowfin gobies
(Acanthogobius flavimanus), shiner perch (Cymatogaster aggregata),
and staghorn sculpin (Leptocottus armatus) may be taken with baitfish
traps under a general trap permit issued pursuant to Section 9001.
(b) A baitfish trap shall not exceed 12 inches in width, 12 inches
in height, and 36 inches in greatest length with entrance at small
ends of funnels or fykes not to exceed 2 inches in diameter.
9022. (a) Notwithstanding Section 9000, traps used to take fin fish
may not be used in Districts 10, 11, and 12, except for bait fish
traps as provided for in Sections 8400 and 9020.
(b) Except as otherwise provided in subdivision (a), all marine
species of fin fish subject to Section 8403 may be taken with one or
more fin fish traps as prescribed by the commission under a general
trap permit issued pursuant to Section 9001.
9023. (a) Traps may be used throughout the year to take carp in any
district under the restrictions set forth in subdivision (b).
(b) Traps shall not exceed six feet in greatest dimension. They
shall be made of cotton or nylon twine. Meshes shall not be less than
three and one-half inches in length, except that fyke and bait bags
may be any size mesh. Traps shall have only a single vertical fyke
opening at the top of the trap. They shall be baited only with grain
or grain products. Fish other than carp taken in traps subject to
this section shall be immediately returned to the water.
9024. Crayfish traps may be used at any time in any district to
take crayfish only. Traps shall not exceed three feet in greatest
dimension. Any other species taken with crayfish traps shall be
returned to the water immediately. The commission may prohibit the
use of crayfish traps which will injure fish or which will entrap
unnecessarily large numbers of fish other than crayfish.
9000. (a) Except as expressly authorized in this article, no person
shall use a trap to take any finfish, mollusk, or crustacean in the
waters of this state for commercial purposes.
(b) Traps may be used to take finfish in ocean waters only as
authorized by this article.
(c) Freshwater baitfish traps that are used as provided in Section
8463 are not subject to this article.
9000.5. For the purposes of this article, the following terms have
the following meanings:
(a) "Bucket trap" means a plastic bucket of five gallons or less
in capacity.
(b) "Deeper nearshore species" means those finfish identified as
deeper nearshore species in regulations adopted by the commission
pursuant to Section 8587.1.
(c) "General trap permit" means a valid permit to take fish for
commercial purposes issued pursuant to Section 9001 that has not been
suspended or revoked.
(d) "Korean trap" means a molded plastic cylinder that does not
exceed 6 inches in diameter and does not exceed 24 inches in length.
(e) "Nearshore species" means those finfish identified as such in
regulations adopted by the commission pursuant to Section 8587.1.
(f) "Popup" means a mechanism capable of releasing a submerged
buoy at a predetermined time.
9001. (a) Finfish, mollusks, or crustaceans shall not be taken by a
person with traps for commercial purposes in ocean waters except
under a valid general trap permit issued to that person that has not
been suspended or revoked.
(b) Any person who operates or assists in operating any trap to
take finfish, mollusks, or crustaceans, other than lobster or
Dungeness crabs, as defined in Section 8275, or who possesses or
transports finfish, mollusks, or crustaceans on any boat, barge, or
vessel when any trap is aboard, shall have a general trap permit
issued to that person that has not been revoked or suspended while
engaged in the activity.
(c) The fee for the general trap permit shall be thirty-five
dollars ($35).
(d) This section does not apply to the taking of lobster under
Section 9010 or to the taking of Dungeness crab under Section 9011.
9001.6. Hagfish may be taken under a general trap permit, if all of
the following criteria are met:
(a) Korean traps and bucket traps may be used to take only hagfish
under this article.
(b) No more than a total of 500 Korean traps or a total of 200
bucket traps may be possessed aboard a vessel or in the water or
combination thereof.
(c) No permittee may possess both Korean traps or bucket traps and
other types of traps aboard a vessel at the same time. When Korean
traps or bucket traps are being used or possessed aboard a vessel, no
species of finfish other than hagfish shall be taken, possessed
aboard, or sold for commercial purposes.
(d) Popups shall not be used on buoy lines attached to Korean
traps or bucket traps, and shall not be possessed by a commercial
fisherman aboard a vessel when taking hagfish.
9001.7. Finfish, other than sablefish and hagfish, may be taken
under a general trap permit if all of the following criteria are also
met:
(a) Every person aboard the vessel possesses a valid general trap
permit that has not been suspended or revoked.
(b) If nearshore species are present, at least one person aboard
the vessel possesses a valid nearshore fishery permit and a nearshore
fishery trap endorsement that has not been suspended or revoked.
(c) If deeper nearshore species are present, at least one person
aboard the vessel possesses a valid deeper nearshore species fishery
permit that has not been suspended or revoked.
(d) During the period from one hour after sunset to one hour
before sunrise, finfish traps that are left in the water shall be
unbaited with the door secured open. If, for reasons beyond the
control of the permittee, all trap doors cannot be secured open prior
to one hour after sunset, the permittee shall immediately notify the
department.
(e) Popups shall not be used on buoy lines attached to finfish
traps, and shall not be possessed aboard a vessel when taking finfish
under a general trap permit.
(f) Trap destruction devices used on finfish traps shall conform
to the current regulatory requirements for those devices pursuant to
Section 9003 and as adopted by the commission.
(g) No finfish traps shall be set within 750 feet of any pier,
breakwall, or jetty in District 6, 7, 17, 18, 19, 19A, 19B, 20, 20A,
20B, or 21.
(h) No more than 50 finfish traps may be used in state waters
along the mainland shore.
(i) The mesh of any finfish trap used pursuant to this section
shall measure not less than two inches by two inches.
(j) The following fish shall not be used as bait in finfish traps:
(1) Lobster.
(2) Crabs of the genus cancer, except rock crab, yellow crab, and
red crab, as identified in Section 8282, which may be used as bait
under the authority of a rock crab trap permit issued pursuant to
Section 8282.
(3) Any other finfish or invertebrate to which a minimum size
limit applies that is used or possessed in a condition so that its
size can not be determined.
(k) Lobster may be possessed aboard or landed from any vessel on
which finfish are also present, if every person aboard the vessel has
a valid lobster permit that has not been suspended or revoked and
complies with Article 5 of Chapter 2 of the Fish and Game Code, this
article, and the regulations adopted pursuant thereto.
9001.8. Sablefish may be taken under a general trap permit in ocean
waters between a line extending due west true from Point Arguello in
Santa Barbara County and the United States-Mexico international
boundary line, if all of the following criteria are also met:
(a) The trap shall be six feet or less in its greatest dimension.
(b) The mesh of any trap used for sablefish pursuant to this
section shall measure not less than two inches by two inches.
(c) The traps may be used only in waters 200 fathoms or deeper.
(d) No permittee may possess aboard a vessel at the same time,
sablefish traps and any other commercial fishing gear, except that
spot prawn traps may be possessed during spot prawn trap open fishing
periods as established by the commission and if the permittee has a
valid spot prawn trap vessel permit that has not been suspended or
revoked.
9002. (a) Except as provided in subdivisions (b), (c), and (d), it
is unlawful to willfully or recklessly disturb, move, or damage any
trap that belongs to another person and that is marked with a buoy
identification number pursuant to Section 9006.
(b) A person, who has been issued a general trap permit under
Section 9001 and has it in his or her possession, may pull or raise a
trap marked with a buoy, if the buoy is marked with a buoy
identification number pursuant to subdivision (b) of Section 9006. A
person pulling or raising a trap marked with a buoy identification
number, other than his or her own buoy identification number, shall
have written permission in his or her possession from the other
person who holds the buoy identification number that is marked on the
buoy.
(c) Subdivision (a) does not apply to employees of the department
while engaged in the performance of official duties.
(d) (1) Subdivision (a) does not apply to publicly employed safety
personnel, including, but not limited to, lifeguards, marine safety
officers, harbor patrol officers, and peace officers, who, while
engaged in the performance of their official duties, may remove a
trap, buoy, or line located in or near breaking surf or adjacent to a
public beach if they believe that the trap poses a public safety
hazard. If any of those persons remove a trap, a buoy, or a trap or
buoy line, any captured marine life shall be immediately returned to
the ocean.
(2) Any person described in this subdivision who removes a trap
and any attachments thereto identified by a buoy identification
number shall make an attempt to contact the person whose permit or
license number is marked on the buoy by personal contact, by
telephone, by recorded message left on a telephone answering machine,
by regular United States Postal Service, or by other means, advising
where the property is located. Those persons shall have no
responsibility to secure the trap or attachments against loss or
damage.
(3) Employees of the department may disclose the name, address,
and buoy identification numbers of currently permitted or licensed
persons to representatives of public safety agencies described in
this subdivision to assist in the return of traps and attachments to
their proper owners or operators.
(4) If the person whose permit or license number is marked on the
buoy has been notified pursuant to this subdivision but has not
retrieved the trap within seven days of notification, or if that
person cannot be identified within seven days after the trap has been
removed, the trap may be discarded.
(5) This subdivision does not create any duty on any state or
local agency to remove or move a trap, line, or buoy that may
endanger the public safety and does not create any liability pursuant
to Part 2 (commencing with Section 814) of Division 3.6 of Title 1
of the Government Code.
9003. Every trap shall have at least one destruction device which
meets specifications approved by the department. In order to minimize
the adverse effects on living marine resources, the specifications
for destruction devices shall provide for a device that destructs
rapidly enough to facilitate escape of a substantial proportion of
all species confined in the trap from any trap that cannot be raised.
9004. Every trap shall be raised, cleaned, serviced, and emptied at
intervals, not to exceed 96 hours, weather conditions at sea
permitting, and no trap shall be abandoned in the waters of this
state.
9005. Every trap or string of traps, shall be marked with a buoy.
9006. Every trap used to take finfish or crustaceans shall be
marked with a buoy. Each buoy shall be marked to identify the
operator as follows:
(a) For a trap used to take lobster the commercial fishing license
identification number followed by the letter "P."
(b) For a trap used to take Dungeness crab or hagfish, the
commercial fishing license identification number only.
(c) For a trap used to take finfish other than sablefish or
hagfish, the commercial fishing license identification number
followed by the letter "Z."
(d) For a trap used to take sablefish, the commercial fishing
license identification number followed by the letter "B."
9007. Any trap used without a buoy, or with a buoy which is not
marked pursuant to Section 9006, is a public nuisance and shall be
removed from the waters of this state by any person authorized to
enforce this code.
9008. Any trap used in violation of this code, or any regulations
adopted pursuant thereto, is a public nuisance and, except as
provided in Section 9007, shall be seized pursuant to Article 3
(commencing with Section 8630) of Chapter 3.
9010. (a) Subject to Article 5 (commencing with Section 8250) of
Chapter 2, spiny lobster may be taken with lobster traps under a
lobster permit issued pursuant to Section 8254.
(b) Notwithstanding Sections 8660 and 8665, lobster traps may be
used in any area of the state not otherwise closed to the taking of
lobsters up to, but not closer than, 75 feet of any private pier,
wharf, jetty, breakwater, or dock.
(c) A wire lobster trap shall be built of rectangular wire mesh
with inside mesh measurement not less than 1 1/2 inches by 3 1/2
inches, the 3 1/2-inch measurement to be parallel to the floor of the
trap. A wire lobster trap shall be fitted with at least one rigid
rectangular escape gap with an inside vertical measurement not less
than 2 3/8 inches at all points and an inside horizontal measurement
of not less than 11 1/2 inches at all points. The horizontal sides of
the escape gap shall be located parallel to, and the escape gap
within 2 3/8 inches of the floor on any outside wall of, the rearmost
chamber of the lobster trap and shall be clearly accessible to the
lobsters.
(d) Notwithstanding subdivision (c), wire may be used to hold the
escape gap in place that reduces the inside vertical or horizontal
measurement of the escape gap specified in subdivision (c), but only
if all of the following requirements are met:
(1) The overall diameter of the wire, including any coating on the
wire, shall measure less than 0.176 inches in diameter (the diameter
of 7 SWG gauge wire using the Standard Wire Gauge (SWG) standard of
measurement).
(2) A maximum of one wire wrap shall be located on each vertical
side of the escape gap.
(3) A maximum of two wire wraps shall be located on the bottom
horizontal side of the escape gap.
(4) Wire shall not be used on the top horizontal side of the
escape gap.
(5) Each wire shall be tightly wrapped against the inside surface
of the escape gap and shall not pass over the inside surface more
than once. As used in this paragraph, "tightly wrapped" means no
space exists at any point between the wire and the inside surface of
the escape gap.
(e) A lobster trap constructed of lath or other material shall
have an opening to allow a means of escape along the full length of
one side of the rearmost chamber. The escape opening shall be of a
spacing of not less than 2 3/8 inches, and the spacing shall be
located parallel to, and within 2 3/8 inches of, the floor of the
lobster trap.
9011. (a) (1) Subject to Article 6 (commencing with Section 8275)
of Chapter 2, Dungeness crab, as defined in Section 8275, may be
taken with Dungeness crab traps.
(2) A Dungeness crab trap may have any number of openings of any
size. However, every Dungeness crab trap shall have at least two
rigid circular openings of not less than 4 1/4 inches, inside
diameter, on the top or side of the trap. If both of the openings are
located on the side of the trap, at least one of the openings shall
be located so that at least one-half of the opening is in the upper
half of the trap.
(3) Subject to Article 6 (commencing with Section 8275) of Chapter
2, rock crab may be taken incidentally with a Dungeness crab trap
used pursuant to this subdivision to take Dungeness crab, provided
that the incidental taking occurs only during the season when it is
lawful to take both species. A rock crab, taken incidentally with a
Dungeness crab trap, that does not comply with Article 6 (commencing
with Section 8275) of Chapter 2, shall be immediately returned to the
waters from which it was taken.
(b) (1) Subject to Article 6 (commencing with Section 8275) of
Chapter 2, rock crab, as defined in Section 8275, may be taken with
rock crab traps.
(2) A rock crab trap may have any number of openings of any size.
However, a rock crab trap constructed of wire mesh with an inside
mesh measurement of not less than 1 7/8 inches by 3 7/8 inches, with
the 3 7/8 inch measurement parallel to the floor, shall have at least
one rigid circular opening of not less than 3 1/4 inches, inside
diameter, located on any outside wall of the rearmost chamber of the
crab trap and shall be located so that at least one-half of the
opening is in the upper half of the trap. Rock crab traps constructed
of other material shall have at least two rigid circular openings of
not less than 3 1/4 inches, inside diameter, on the top or side of
the rearmost chamber of the trap. If both of the openings are located
on the side of the trap, at least one of the openings shall be
located so that at least one-half of the opening is in the upper half
of the trap. No rigid circular opening, as required, shall extend
more than 1/2 inch beyond the plane of the wall side or top of the
trap in which it is located, and it shall be clearly accessible to
any crab which may be in the trap.
(3) Subject to Article 6 (commencing with Section 8275) of Chapter
2, Dungeness crab may be taken incidentally with a rock crab trap
used pursuant to this subdivision to take rock crab, provided that
the incidental taking occurs only during the season when it is lawful
to take both species. A Dungeness crab, taken incidentally with a
rock crab trap, that does not comply with Article 6 (commencing with
Section 8275) of Chapter 2, shall be immediately returned to the
waters from which it was taken.
(4) A person shall not possess any lobster aboard a vessel while
the vessel is being used pursuant to this subdivision to take rock
crab.
(c) On or before January 1, 2013, the department shall report to
the appropriate policy and fiscal committees of the Legislature the
impacts, if any, of the changes made to this section by Chapter 478
of the Statutes of 2009. The report shall include information about
citations issued pursuant to this section relating to both rock crab
and Dungeness crab for the years 2010 to 2012, inclusive.
9012. (a) No vessel may be used to take and land crab for both
commercial and sport purposes in the same day.
(b) In Districts 6, 7, 8, and 9, no trap shall be used to take
Dungeness crab if that trap is attached to another trap or other
traps by a common line.
9015. (a) Subject to Article 18 (commencing with Section 8590) of
Chapter 2, prawns or shrimp, as defined in Section 8590, may be taken
with prawn traps or shrimp traps under a general trap permit issued
pursuant to Section 9001.
(b) A prawn trap or a shrimp trap shall be six feet or less in its
greatest dimension. Every opening from the exterior to the interior
of a prawn trap or a shrimp trap shall be five inches or less in any
dimension.
9020. (a) Subject to Section 8400, California killifish (Fundulus
parvipinnis), mudsuckers (Gillichthys mirabilis), yellowfin gobies
(Acanthogobius flavimanus), shiner perch (Cymatogaster aggregata),
and staghorn sculpin (Leptocottus armatus) may be taken with baitfish
traps under a general trap permit issued pursuant to Section 9001.
(b) A baitfish trap shall not exceed 12 inches in width, 12 inches
in height, and 36 inches in greatest length with entrance at small
ends of funnels or fykes not to exceed 2 inches in diameter.
9022. (a) Notwithstanding Section 9000, traps used to take fin fish
may not be used in Districts 10, 11, and 12, except for bait fish
traps as provided for in Sections 8400 and 9020.
(b) Except as otherwise provided in subdivision (a), all marine
species of fin fish subject to Section 8403 may be taken with one or
more fin fish traps as prescribed by the commission under a general
trap permit issued pursuant to Section 9001.
9023. (a) Traps may be used throughout the year to take carp in any
district under the restrictions set forth in subdivision (b).
(b) Traps shall not exceed six feet in greatest dimension. They
shall be made of cotton or nylon twine. Meshes shall not be less than
three and one-half inches in length, except that fyke and bait bags
may be any size mesh. Traps shall have only a single vertical fyke
opening at the top of the trap. They shall be baited only with grain
or grain products. Fish other than carp taken in traps subject to
this section shall be immediately returned to the water.
9024. Crayfish traps may be used at any time in any district to
take crayfish only. Traps shall not exceed three feet in greatest
dimension. Any other species taken with crayfish traps shall be
returned to the water immediately. The commission may prohibit the
use of crayfish traps which will injure fish or which will entrap
unnecessarily large numbers of fish other than crayfish.
9000. (a) Except as expressly authorized in this article, no person
shall use a trap to take any finfish, mollusk, or crustacean in the
waters of this state for commercial purposes.
(b) Traps may be used to take finfish in ocean waters only as
authorized by this article.
(c) Freshwater baitfish traps that are used as provided in Section
8463 are not subject to this article.
9000.5. For the purposes of this article, the following terms have
the following meanings:
(a) "Bucket trap" means a plastic bucket of five gallons or less
in capacity.
(b) "Deeper nearshore species" means those finfish identified as
deeper nearshore species in regulations adopted by the commission
pursuant to Section 8587.1.
(c) "General trap permit" means a valid permit to take fish for
commercial purposes issued pursuant to Section 9001 that has not been
suspended or revoked.
(d) "Korean trap" means a molded plastic cylinder that does not
exceed 6 inches in diameter and does not exceed 24 inches in length.
(e) "Nearshore species" means those finfish identified as such in
regulations adopted by the commission pursuant to Section 8587.1.
(f) "Popup" means a mechanism capable of releasing a submerged
buoy at a predetermined time.
9001. (a) Finfish, mollusks, or crustaceans shall not be taken by a
person with traps for commercial purposes in ocean waters except
under a valid general trap permit issued to that person that has not
been suspended or revoked.
(b) Any person who operates or assists in operating any trap to
take finfish, mollusks, or crustaceans, other than lobster or
Dungeness crabs, as defined in Section 8275, or who possesses or
transports finfish, mollusks, or crustaceans on any boat, barge, or
vessel when any trap is aboard, shall have a general trap permit
issued to that person that has not been revoked or suspended while
engaged in the activity.
(c) The fee for the general trap permit shall be thirty-five
dollars ($35).
(d) This section does not apply to the taking of lobster under
Section 9010 or to the taking of Dungeness crab under Section 9011.
9001.6. Hagfish may be taken under a general trap permit, if all of
the following criteria are met:
(a) Korean traps and bucket traps may be used to take only hagfish
under this article.
(b) No more than a total of 500 Korean traps or a total of 200
bucket traps may be possessed aboard a vessel or in the water or
combination thereof.
(c) No permittee may possess both Korean traps or bucket traps and
other types of traps aboard a vessel at the same time. When Korean
traps or bucket traps are being used or possessed aboard a vessel, no
species of finfish other than hagfish shall be taken, possessed
aboard, or sold for commercial purposes.
(d) Popups shall not be used on buoy lines attached to Korean
traps or bucket traps, and shall not be possessed by a commercial
fisherman aboard a vessel when taking hagfish.
9001.7. Finfish, other than sablefish and hagfish, may be taken
under a general trap permit if all of the following criteria are also
met:
(a) Every person aboard the vessel possesses a valid general trap
permit that has not been suspended or revoked.
(b) If nearshore species are present, at least one person aboard
the vessel possesses a valid nearshore fishery permit and a nearshore
fishery trap endorsement that has not been suspended or revoked.
(c) If deeper nearshore species are present, at least one person
aboard the vessel possesses a valid deeper nearshore species fishery
permit that has not been suspended or revoked.
(d) During the period from one hour after sunset to one hour
before sunrise, finfish traps that are left in the water shall be
unbaited with the door secured open. If, for reasons beyond the
control of the permittee, all trap doors cannot be secured open prior
to one hour after sunset, the permittee shall immediately notify the
department.
(e) Popups shall not be used on buoy lines attached to finfish
traps, and shall not be possessed aboard a vessel when taking finfish
under a general trap permit.
(f) Trap destruction devices used on finfish traps shall conform
to the current regulatory requirements for those devices pursuant to
Section 9003 and as adopted by the commission.
(g) No finfish traps shall be set within 750 feet of any pier,
breakwall, or jetty in District 6, 7, 17, 18, 19, 19A, 19B, 20, 20A,
20B, or 21.
(h) No more than 50 finfish traps may be used in state waters
along the mainland shore.
(i) The mesh of any finfish trap used pursuant to this section
shall measure not less than two inches by two inches.
(j) The following fish shall not be used as bait in finfish traps:
(1) Lobster.
(2) Crabs of the genus cancer, except rock crab, yellow crab, and
red crab, as identified in Section 8282, which may be used as bait
under the authority of a rock crab trap permit issued pursuant to
Section 8282.
(3) Any other finfish or invertebrate to which a minimum size
limit applies that is used or possessed in a condition so that its
size can not be determined.
(k) Lobster may be possessed aboard or landed from any vessel on
which finfish are also present, if every person aboard the vessel has
a valid lobster permit that has not been suspended or revoked and
complies with Article 5 of Chapter 2 of the Fish and Game Code, this
article, and the regulations adopted pursuant thereto.
9001.8. Sablefish may be taken under a general trap permit in ocean
waters between a line extending due west true from Point Arguello in
Santa Barbara County and the United States-Mexico international
boundary line, if all of the following criteria are also met:
(a) The trap shall be six feet or less in its greatest dimension.
(b) The mesh of any trap used for sablefish pursuant to this
section shall measure not less than two inches by two inches.
(c) The traps may be used only in waters 200 fathoms or deeper.
(d) No permittee may possess aboard a vessel at the same time,
sablefish traps and any other commercial fishing gear, except that
spot prawn traps may be possessed during spot prawn trap open fishing
periods as established by the commission and if the permittee has a
valid spot prawn trap vessel permit that has not been suspended or
revoked.
9002. (a) Except as provided in subdivisions (b), (c), and (d), it
is unlawful to willfully or recklessly disturb, move, or damage any
trap that belongs to another person and that is marked with a buoy
identification number pursuant to Section 9006.
(b) A person, who has been issued a general trap permit under
Section 9001 and has it in his or her possession, may pull or raise a
trap marked with a buoy, if the buoy is marked with a buoy
identification number pursuant to subdivision (b) of Section 9006. A
person pulling or raising a trap marked with a buoy identification
number, other than his or her own buoy identification number, shall
have written permission in his or her possession from the other
person who holds the buoy identification number that is marked on the
buoy.
(c) Subdivision (a) does not apply to employees of the department
while engaged in the performance of official duties.
(d) (1) Subdivision (a) does not apply to publicly employed safety
personnel, including, but not limited to, lifeguards, marine safety
officers, harbor patrol officers, and peace officers, who, while
engaged in the performance of their official duties, may remove a
trap, buoy, or line located in or near breaking surf or adjacent to a
public beach if they believe that the trap poses a public safety
hazard. If any of those persons remove a trap, a buoy, or a trap or
buoy line, any captured marine life shall be immediately returned to
the ocean.
(2) Any person described in this subdivision who removes a trap
and any attachments thereto identified by a buoy identification
number shall make an attempt to contact the person whose permit or
license number is marked on the buoy by personal contact, by
telephone, by recorded message left on a telephone answering machine,
by regular United States Postal Service, or by other means, advising
where the property is located. Those persons shall have no
responsibility to secure the trap or attachments against loss or
damage.
(3) Employees of the department may disclose the name, address,
and buoy identification numbers of currently permitted or licensed
persons to representatives of public safety agencies described in
this subdivision to assist in the return of traps and attachments to
their proper owners or operators.
(4) If the person whose permit or license number is marked on the
buoy has been notified pursuant to this subdivision but has not
retrieved the trap within seven days of notification, or if that
person cannot be identified within seven days after the trap has been
removed, the trap may be discarded.
(5) This subdivision does not create any duty on any state or
local agency to remove or move a trap, line, or buoy that may
endanger the public safety and does not create any liability pursuant
to Part 2 (commencing with Section 814) of Division 3.6 of Title 1
of the Government Code.
9003. Every trap shall have at least one destruction device which
meets specifications approved by the department. In order to minimize
the adverse effects on living marine resources, the specifications
for destruction devices shall provide for a device that destructs
rapidly enough to facilitate escape of a substantial proportion of
all species confined in the trap from any trap that cannot be raised.
9004. Every trap shall be raised, cleaned, serviced, and emptied at
intervals, not to exceed 96 hours, weather conditions at sea
permitting, and no trap shall be abandoned in the waters of this
state.
9005. Every trap or string of traps, shall be marked with a buoy.
9006. Every trap used to take finfish or crustaceans shall be
marked with a buoy. Each buoy shall be marked to identify the
operator as follows:
(a) For a trap used to take lobster the commercial fishing license
identification number followed by the letter "P."
(b) For a trap used to take Dungeness crab or hagfish, the
commercial fishing license identification number only.
(c) For a trap used to take finfish other than sablefish or
hagfish, the commercial fishing license identification number
followed by the letter "Z."
(d) For a trap used to take sablefish, the commercial fishing
license identification number followed by the letter "B."
9007. Any trap used without a buoy, or with a buoy which is not
marked pursuant to Section 9006, is a public nuisance and shall be
removed from the waters of this state by any person authorized to
enforce this code.
9008. Any trap used in violation of this code, or any regulations
adopted pursuant thereto, is a public nuisance and, except as
provided in Section 9007, shall be seized pursuant to Article 3
(commencing with Section 8630) of Chapter 3.
9010. (a) Subject to Article 5 (commencing with Section 8250) of
Chapter 2, spiny lobster may be taken with lobster traps under a
lobster permit issued pursuant to Section 8254.
(b) Notwithstanding Sections 8660 and 8665, lobster traps may be
used in any area of the state not otherwise closed to the taking of
lobsters up to, but not closer than, 75 feet of any private pier,
wharf, jetty, breakwater, or dock.
(c) A wire lobster trap shall be built of rectangular wire mesh
with inside mesh measurement not less than 1 1/2 inches by 3 1/2
inches, the 3 1/2-inch measurement to be parallel to the floor of the
trap. A wire lobster trap shall be fitted with at least one rigid
rectangular escape gap with an inside vertical measurement not less
than 2 3/8 inches at all points and an inside horizontal measurement
of not less than 11 1/2 inches at all points. The horizontal sides of
the escape gap shall be located parallel to, and the escape gap
within 2 3/8 inches of the floor on any outside wall of, the rearmost
chamber of the lobster trap and shall be clearly accessible to the
lobsters.
(d) Notwithstanding subdivision (c), wire may be used to hold the
escape gap in place that reduces the inside vertical or horizontal
measurement of the escape gap specified in subdivision (c), but only
if all of the following requirements are met:
(1) The overall diameter of the wire, including any coating on the
wire, shall measure less than 0.176 inches in diameter (the diameter
of 7 SWG gauge wire using the Standard Wire Gauge (SWG) standard of
measurement).
(2) A maximum of one wire wrap shall be located on each vertical
side of the escape gap.
(3) A maximum of two wire wraps shall be located on the bottom
horizontal side of the escape gap.
(4) Wire shall not be used on the top horizontal side of the
escape gap.
(5) Each wire shall be tightly wrapped against the inside surface
of the escape gap and shall not pass over the inside surface more
than once. As used in this paragraph, "tightly wrapped" means no
space exists at any point between the wire and the inside surface of
the escape gap.
(e) A lobster trap constructed of lath or other material shall
have an opening to allow a means of escape along the full length of
one side of the rearmost chamber. The escape opening shall be of a
spacing of not less than 2 3/8 inches, and the spacing shall be
located parallel to, and within 2 3/8 inches of, the floor of the
lobster trap.
9011. (a) (1) Subject to Article 6 (commencing with Section 8275)
of Chapter 2, Dungeness crab, as defined in Section 8275, may be
taken with Dungeness crab traps.
(2) A Dungeness crab trap may have any number of openings of any
size. However, every Dungeness crab trap shall have at least two
rigid circular openings of not less than 4 1/4 inches, inside
diameter, on the top or side of the trap. If both of the openings are
located on the side of the trap, at least one of the openings shall
be located so that at least one-half of the opening is in the upper
half of the trap.
(3) Subject to Article 6 (commencing with Section 8275) of Chapter
2, rock crab may be taken incidentally with a Dungeness crab trap
used pursuant to this subdivision to take Dungeness crab, provided
that the incidental taking occurs only during the season when it is
lawful to take both species. A rock crab, taken incidentally with a
Dungeness crab trap, that does not comply with Article 6 (commencing
with Section 8275) of Chapter 2, shall be immediately returned to the
waters from which it was taken.
(b) (1) Subject to Article 6 (commencing with Section 8275) of
Chapter 2, rock crab, as defined in Section 8275, may be taken with
rock crab traps.
(2) A rock crab trap may have any number of openings of any size.
However, a rock crab trap constructed of wire mesh with an inside
mesh measurement of not less than 1 7/8 inches by 3 7/8 inches, with
the 3 7/8 inch measurement parallel to the floor, shall have at least
one rigid circular opening of not less than 3 1/4 inches, inside
diameter, located on any outside wall of the rearmost chamber of the
crab trap and shall be located so that at least one-half of the
opening is in the upper half of the trap. Rock crab traps constructed
of other material shall have at least two rigid circular openings of
not less than 3 1/4 inches, inside diameter, on the top or side of
the rearmost chamber of the trap. If both of the openings are located
on the side of the trap, at least one of the openings shall be
located so that at least one-half of the opening is in the upper half
of the trap. No rigid circular opening, as required, shall extend
more than 1/2 inch beyond the plane of the wall side or top of the
trap in which it is located, and it shall be clearly accessible to
any crab which may be in the trap.
(3) Subject to Article 6 (commencing with Section 8275) of Chapter
2, Dungeness crab may be taken incidentally with a rock crab trap
used pursuant to this subdivision to take rock crab, provided that
the incidental taking occurs only during the season when it is lawful
to take both species. A Dungeness crab, taken incidentally with a
rock crab trap, that does not comply with Article 6 (commencing with
Section 8275) of Chapter 2, shall be immediately returned to the
waters from which it was taken.
(4) A person shall not possess any lobster aboard a vessel while
the vessel is being used pursuant to this subdivision to take rock
crab.
(c) On or before January 1, 2013, the department shall report to
the appropriate policy and fiscal committees of the Legislature the
impacts, if any, of the changes made to this section by Chapter 478
of the Statutes of 2009. The report shall include information about
citations issued pursuant to this section relating to both rock crab
and Dungeness crab for the years 2010 to 2012, inclusive.
9012. (a) No vessel may be used to take and land crab for both
commercial and sport purposes in the same day.
(b) In Districts 6, 7, 8, and 9, no trap shall be used to take
Dungeness crab if that trap is attached to another trap or other
traps by a common line.
9015. (a) Subject to Article 18 (commencing with Section 8590) of
Chapter 2, prawns or shrimp, as defined in Section 8590, may be taken
with prawn traps or shrimp traps under a general trap permit issued
pursuant to Section 9001.
(b) A prawn trap or a shrimp trap shall be six feet or less in its
greatest dimension. Every opening from the exterior to the interior
of a prawn trap or a shrimp trap shall be five inches or less in any
dimension.
9020. (a) Subject to Section 8400, California killifish (Fundulus
parvipinnis), mudsuckers (Gillichthys mirabilis), yellowfin gobies
(Acanthogobius flavimanus), shiner perch (Cymatogaster aggregata),
and staghorn sculpin (Leptocottus armatus) may be taken with baitfish
traps under a general trap permit issued pursuant to Section 9001.
(b) A baitfish trap shall not exceed 12 inches in width, 12 inches
in height, and 36 inches in greatest length with entrance at small
ends of funnels or fykes not to exceed 2 inches in diameter.
9022. (a) Notwithstanding Section 9000, traps used to take fin fish
may not be used in Districts 10, 11, and 12, except for bait fish
traps as provided for in Sections 8400 and 9020.
(b) Except as otherwise provided in subdivision (a), all marine
species of fin fish subject to Section 8403 may be taken with one or
more fin fish traps as prescribed by the commission under a general
trap permit issued pursuant to Section 9001.
9023. (a) Traps may be used throughout the year to take carp in any
district under the restrictions set forth in subdivision (b).
(b) Traps shall not exceed six feet in greatest dimension. They
shall be made of cotton or nylon twine. Meshes shall not be less than
three and one-half inches in length, except that fyke and bait bags
may be any size mesh. Traps shall have only a single vertical fyke
opening at the top of the trap. They shall be baited only with grain
or grain products. Fish other than carp taken in traps subject to
this section shall be immediately returned to the water.
9024. Crayfish traps may be used at any time in any district to
take crayfish only. Traps shall not exceed three feet in greatest
dimension. Any other species taken with crayfish traps shall be
returned to the water immediately. The commission may prohibit the
use of crayfish traps which will injure fish or which will entrap
unnecessarily large numbers of fish other than crayfish.
